\9 


V^ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


1.1 


ltt|21 

Itt 

m  m 


3 

22 

2.0 


I 


I—  liiiM  WA 


U    BI.6 


6" 


FhologFephic 

Sdmoes 

Carporation 


33  WBT  MAM  STRUT 

WHSTM,N.Y.  14510 
(71«)t72-4S03 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductiont  /  Inatitut  Canadian  de  microraproductions  historiquaa 


Technical  and  Bibliographic  Notas/Notos  tachniquas  *t  bibliographiquaa 


Tha  Inatituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibliographically  uniqua, 
which  may  altar  any  of  tha  imagaa  in  tha 
raproduction,  or  which  may  aignificantly  changa 
tha  uauai  mathod  of  filming,  ara  chackad  balow. 


D 


D 


D 
D 


D 


D 


Colourad  covara/ 
Couvartura  da  coulaur 


I     I    Covara  damagad/ 


Couvartura  andommagAa 


Covara  raatorad  and/or  laminatad/ 
Couvartura  raataurte  at/ou  pailicuMa 


I     I   Covar  titia  misaing/ 


La  titra  da  couvartura  manqua 


[~~1   Colourad  mapa/ 


Cartaa  gtographiquas  aiv  coulaur 


□   Colourad  in*'  (l.a.  othar  than  biua  or  black)/ 
Encra  da  c  jiaur  (i.a.  autra  qua  blaua  ou  noira) 

I      I   Colourad  plataa  and/or  iiiuatrationa/ 


Planchaa  at/ou  iiiuatrationa  an  coulaur 


Bound  with  othar  matarial/ 
Rail*  avac  d'autraa  documanta 


Tight  binding  may  cauaa  ahadowa  or  diatortion 
along  intarior  margin/ 

La  re  liura  aarr6e  paut  cauaar  da  I'ombra  ou  da  la 
diatortion  la  long  da  la  marga  intiriaura 

Blank  laavaa  addad  during  raatoration  may 
appaar  within  tha  taxt.  Whanavar  poaaibia,  thaaa 
hava  baan  omittad  from  filming/ 
11  aa  paut  qua  cartalnaa  pagaa  blanchaa  aJoutAaa 
lora  d'una  raatauration  apparaiaaant  dana  la  taxta. 
mala,  loraqua  cala  4tait  poaaibia,  caa  pagaa  n'ont 
paa  6t§  filmAaa. 

Additional  commanta:/ 
Commantairas  supplAmantalraa: 


L'inatitut  a  mIcrofilmA  la  maiNaur  axamplaira 
qu'ii  lui  a  4tA  poaaibia  da  aa  procurar.  Laa  d4taila 
da  cat  axamplaira  qui  aont  paut-#tra  uniquaa  du 
point  da  vua  bibiiographiqua.  qui  pauvant  modifiai' 
una  imaga  raproduita,  ou  qui  pauvant  axigar  una 
modification  dana  la  mAthoda  normaia  da  fiimaga 
aont  indlqute  ci-daaaoua. 


Thi 
tol 


I     I   Colourad  pagaa/ 


D 


Pagaa  da  coulaur 

Pagaa  damagad/ 
Pagaa  andommagAaa 

Pagaa  raatorad  and/oi 

Pagaa  raataurAaa  at/ou  palHcuMaa 


I — I   Pagaa  damagad/ 

I — I   Pagaa  raatorad  and/or  laminatad/ 


/I   Pagaa  diacolourad.  atainad  or  foxsd/ 
'   Pagaa  dAcoiortea.  tachattea  ou  piquAaa 


Th< 
poi 
oft 
filn 


Ori 
bat 
th« 
aio 
otii 
fin 
aio 
or 


□Pagaa  datached/ 
Pagaa  ditachtea 

0Showthrough/ 
Tranaparanca 


Tranaparanca 

Quality  of  print  variaa/ 
QualltA  InAgala  da  I'ir  praaaion 

Includaa  aupplamantary  matarial/ 
Comprand  du  material  auppMmantaira 

Only  adition  availabia/ 
Saula  Adition  diaponibia 


Th( 
ahi 
TIP 
w^ 

Ml 

dif 
am 
ba 
rig 
rai 
m« 


Pagaa  wholly  or  partially  obacurad  by  arrata 
alipa,  tiaauaa.  ate.  hava  baan  rafilmad  to 
anaura  tha  bast  poaaibia  imaga/ 
Laa  pagaa  totalamant  ou  partiallamant 
obscurciaa  par  un  fauillat  d 'arrata.  una  palura. 
ate.  ont  M  filmAaa  i  nouvaau  da  fa^on  A 
obtanir  la  maillaura  imaga  poaaibia. 


Thia  itam  is  filmad  at  tha  reduction  ratio  chackad  balow/ 

Ca  document  aat  film*  au  *aux  da  reduction  indiquA  ci-daaaoua. 

10X  14X  18X  ax 


26X 


30X 


J 


12X 


ItX 


2DX 


24X 


32X 


Th«  copy  filmMl  bar*  Hm  lM«n  reproduced  thank* 
to  tho  gonorotity  of: 

Library  Diwnion 

Provincial  ArcMvat  of  British  Columbia 


L'oxomploiro  filmA  f ut  roproduit  grico  A  la 
g4n*roaitA  da: 

Library  Division 

Provincial  Archives  of  British  Coiumbidi 


Tha  imagaa  appaaring  hara  ara  tha  baat  quality 
posaibia  conaidaring  tha  condition  and  laglbility 
of  tha  original  copy  and  in  Icaaping  with  tha 
filming  contract  apacification*. 


Laa  imagaa  auhrantaa  ont  4tA  raproduitaa  avac  la 
plua  grand  aoin.  compta  tanu  da  la  condition  at 
da  la  nattat*  da  raxamplaira  filmA.  at  mn 
conformiti  avac  laa  conditiona  du  contrat  da 
fiiniaga. 


Original  copiaa  in  printad  papar  covara  ara  filmad 
beginning  with  tha  front  covar  and  ending  on 
tha  laat  page  with  a  printad  or  iiiuatratad  imprea- 
aion,  or  the  back  cover  when  appropriate.  All 
other  originei  copiea  are  filmed  beginning  on  the 
f  irat  page  wKh  a  printed  or  iiiuatratad  impraa- 
aion.  and  ending  on  the  laat  page  with  a  printad 
or  iiiuatratad  impraaaion. 


Lee  exemplairaa  originaux  dont  la  couverture  en 
papier  eat  imprimAe  aont  f  ilmte  1%  commen^ant 
par  la  premier  plat  at  en  terminant  aoit  par  la 
darnlAre  page  qui  comporte  une  empreinte 
d'impreaaion  ou  d'iiluatration,  aoit  par  la  aacond 
plat,  aalon  le  caa.  Tou*  lea  autrea  exemplairaa 
originaux  aont  filmAa  an  commengant  par  la 
pramlAre  page  qui  comporte  une  empreinte 
d'impreaaion  ou  d'illuatration  at  en  terminant  par 
la  darniire  page  qui  comporte  une  telle 
empreinte. 


The  laat  recorded  frame  on  each  microfiche 
alMili  contain  tha  aymboi  ^-^  (meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaltra  sur  la 
darniire  image  de  cheque  microficiie.  selon  le 
cas:  la  symbole  — ^  signifie  "A  SUIVRE".  le 
symbole  ▼  signifie  "FIN". 


Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc..  peuvent  Atre 
filmte  i  des  taux  de  reduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  Atra 
reproduit  en  un  seul  clichA.  il  est  f ilmA  i  partir 
da  I'angle  supAriaur  gauche,  de  gauche  A  droita, 
at  de  haut  an  Ims.  en  prenant  le  nombre 
d'imagas  nAcessaira.  Las  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

%0f 


iif> 


1   ^^ 


"ozthwest 


■« 


'  ''^M 

wise 

' 

.  "i'SHRM-'-' 

J. 

• 

1 

• 

\. 

■% 

i-:        .&:,  :-:,^. 

■■  ■   -f- 

..,-,,'.*    •»., 

SPEECH 


or 


II 


MR.  ROCKWELL,  OF  CONNECTICUT, 


ON   THE 


OREGON  QUESTION. 


Delivered  in  the  House  of  Representatives,  U.  S.,  January  16, 1846. 


The  Houae  being  in  Committee  of  the  Whole,  and  having  under  consideration  the  joint  i 
lution  reported  from  the  Committee  on  Foreign  Affairs,  directing  the  President  to  give  notice  to 
Great  Britain  that  the  United  States  will  terminate  tlie  convention  between  the  two  Govern 
mcnts,  providing  for  the  joint  occupation  of  the  Oregon  territory,  at  the  expiration  of  twelve 
months — 

Mr.  ROCKWELL,  of  Connecticut,  having  obtained  the  floor,  said — 

Mr.  \^H airman:  I  have  been  desirous  of  addressing  the  committee  on 
the  exceedingly  important  question  before  them ,  from  the  interest  which  I 
take  in  the  decision ,  and  because  a  portion  of  those  whom  I  represent  here 
feel  an  interest  still  deeper  and  more  vital  than  my  own . 

The  district  which  I  am  honored  by  representing  on  this  floor,  with  only 
one  exception,  is  more  extensively  engaged  in  the  whale  fishery  than  any 
in  this  country.  There  are  more  than  one  hundred  and  twenty  ships  anct 
barques  now  engaged  in  that  fishery  from  that  district,  all  at  sea,  and  most 
of  them  expected  not  to  return  in  less  than  one,  two,  or  three  years.  The- 
property  thus  at  risk  is  about  four  millions  of  dollars,  almost  the  whole 
of  which  would  be  cut  off*  in  case  of  a  war  with  Great  Britain.  My  con- 
stituents naturally  feel  a  deep  interest  in  this  question.  I  have  before  me  a 
petition  from  New  London,  with  the  exception  of  New  Bedford,  the  most 
extensively  engaged  in  the  whale  fishery  of  any  port  in  this  country  or  Eu- 
rope, forwarded  me  by  a  former  valued  member  of  this  House,  (Mr.  Wil- 
liams,) extensively  signed,  without  distinction  of  party,  by  the  citizens  of 
that  place,  ui^ing  upon  Congress  to  adopt  early  measures  for  the  amicable 
settlement,  by  negotiation,  arbitration,  or  some  other  mode,  of  this  vexed 
question ;  and  this  very  morning  I  have  received,  from  a  friend  at  Stonington^ 
a  letter  from  which  1  will  read  some  extracts: 

"  From  Mystic  and  Stonington,  44  ships,  13,597  tons — 1,300  men  employed  *,  capacity  of  all, 
115,000  barrels.  My  impression  is,  that  three-fourths  of  the  above  ships  and  oulAts  are  ownM 
by  tlie  citizens  of  Stonington  and  Mystic,  and  that  they  are  paid  for.  Say  five  or  six  mav  b« 
expected  home  next  spring ;  the  balance  in  one,  two,  and  tnree  years.  These  shijps  ana  the 
dwellings  we  occupy  constitute  the  bulk  of  all  the  property  we  have.  In  tlie  event  or  war,  c*u 
shins  would  cei  tainly  be  exposed,  and,  as  to  our  dwellings,  a  steam-ship  might  enter  our  harbot 
and  bum  every  building  in  our  village  in  two  hours.  This  being  our  situation,  you  must  not 
be  surprised  at  our  anxiety  to  have  on  honorable  and  peaceable  settlement  of  the  Oregon,  and 
all  other  questions  which,  if  not  settled,  might  lead  to  war."  "  We  shall  hope  for  the  best,  and 
patiently  wait  the  result.  Should  war  come,  and  we  be  robbed  of  all  our  property,  we  think  w« 
should  be  found  as  serviceable  in  defending  our  cotuiiry  as  the  gentlemen  in  Congress  who  talk 
ao  of  much  spilling  their  last  drop  of  blood." 

And  SO  I  think,  Mr.  Chairman.  I  assure  gentlemen  that  if,  by  the  un- 
wise counsels  prevailing  with  the  Administration,  or  the  reckless  policy  ia- 


J  fc  G.  S.  Oideou,  printen. 


1  • '  u. 


dicated  by  the  majority  in  this  House;  the  country  should  be  involved  in  a 
war,  and  they  be  robbed  of  their  property,  they  will  fight  ut  least  as  faillifully 
in  defence  of  their  country  as  the  moat  valiant  on  this  floor. 

(Mr.  Johnson,  of  Tennessee,  and  others — I  hope  it  will  prove  so.) 

I  knoto  it  will,  sir.  They  are  not  a  timid  people.  Their  courage  and 
patriotism  have  been  shewn  in  repealed  instances. 

There  are  some  points  on  which  we  all  seem  to  be  agreed .  All  profess 
themselves  very  desirous  of  je>eac«i.  There  is  not,  professedly,  an  advocate 
for  war.  Those  who  advocate  the  notice,  say  they  do  it  because  it  is  a 
peace  measure;  and  those  who  oppose  it,  do  so  because  they  wish  to  avoid 
A  war.  We  are  also  all  exceedingly  patriotic,  and  all  unite  in  the  very  un- 
necessary declaration,  that,  if  we  are  brought  into  a  war,  whether  by  the 
wisdom  or  folly  of  the  Administration,  we  will  defend  the  country.  This 
patriotism  is  of  the  very  cheapest  kind,  and  these  declarations  are  very  harm- 
less, as  the  probability  is,  that  the  blood  which  is  to  be  shed  will  come  from 
the  veins  of  others,  and  not  of  them.  They  may  do  the  talking,  but  others 
will  do  the  fighting.  And,  in  relation  to  our  claim  of  the  title  to  the  terri- 
tory, I  agree  with  others  in  saying,  that  I  think  our  claim  is  the  best  claim 
to  that  country;  and  if  I  thought  otherwise,  I  should  not  be  inclined  to  per- 
form the  ungracious  task  of  pointing  out  the  defects  of  our  own  title.  In 
our  private  affairs,  we  never  feel  called  upon  to  proclaim  a  flaw  in  our  title 
deeds,  if  any  exists.  Such  defects  are  soon  enough  detected,  by  our  vigi- 
lant and  acute  antagonists. 

Nor  is  this  a  party  question.  Gentlemen  on  both  sides  of  the  House 
Adopt  different  sides  of  the  question.  It  is  one  of  such  paramount  import- 
ance, and  on  which  the  future  destiny  of  the  country  so  much  depends,  that 
it  would  be  deplorable  to  have  it  a  subject  of  mere  party  warfare.  For 
my  own  part,  sir,  '*I  osk  not  whence  the  wind  cometh,  but  whither  it  go- 
«th,"  and  if  any  measure  proceeds  from  honorable  gentlemen  on  the  other 
^side  of  the  House,  which  lias  for  its  object  the  public  good,  the  preservation 
»of  ihe  honor  and  peace  of  the  country,  ''my  bark  is  ready." 

On  a  fonaer  occasion,  in  the  discussion  of  this  question,  a  very  distin- 
guished gentleman  lecommended  a  "wise  and  masterly  inactivity,"  the 
'wisdom  of  doing  nothing.  It  was  a  happy  remark,  made,  I  believe,  at  an 
«arlier  period,  by  Mr.  John  Randolph,  in  a  debate  in  this  House,  and,  be- 
fore him, by  Mr.  Burke.  And  for  my  own  part,  sir, I  not  only  think  the  re- 
mark a  happy  one,  but,  at  the  time  it  was  made,  it  pointed  out  the  true  policy 
of  the  country.  It  was  unwise  even  to  have  (imitated  this  question  at  that 
(time,  by  any  movement  of  our  own.  No  difficulties  whatever  had  ari- 
sen in  the  country — no  collisions  or  controversies  of  any  kind.  Our  own 
people,  in  considerable  numbers,  were  setdingthe  country,  and,  at  the  same 
time,  setding  the  question  in  our  favor.  Indeed,  the  question  was  settling 
itself.  The  patriarchal  method,  so  highly  lauded  by  the  chairman  of  the 
Committee  on  Foreign  Affairs,  was  undoubtedly  the  best  policy.  1  thought 
the  honorable  chairman  was  somewhat  inconsistent  in  the  suggestions  of  the 
benefits  arising  from  the  occupation  of  the  country  by  the  women  and  chil- 
dren, the  flocks  and  the  herds,  and  the  two  millions  of  Chinese,  which,  fa- 
cetiously, I  doubt  not,  although  with  a  grave  face,  he  said,  would  occupy 
imd  till  the  country  in  two  years  from  this  time;  and  at  the  same  time  re- 
commending measures  which  would  bring  this  question  to  a  very  sudden 
and  perhaps  hostile  issue.  He  quoted  from  Shakspeare.  There  is  an  older 
^md  higher  authority,  which  says  <'be  fruitful  ana  multiply,  and  replenish 


I 


distin- 
,"  the 
,  at  an 


of  the 


4he  earth,  and  subdue  it.^^  Now,  the  just  construction  of  this  command, 
accompanied  witii  a  blessing,  is,  that  our  great  progenitor,  and  his  ]X)stciity, 
should  subdue  t/ie  cart/i;  a[\ou\d  turn  tiie  subsequent  curse  into  a  blessing; 
should  overthrow  the ''thorns,  aLo,  and  the  thistles,"  and  with  the  sweat 
of  their  face  should  cat  their  bread,  and  earn  it  too;  should  bring  into  sub- 
jection and  under  the  dominion  of  Adam's  posterity,  that  'ground  that  was 
cursed  for  his  sake.  But  the  idea  which  my  honorable  friend  seems  to  have 
is,  that  these  women,  and  children,  and  Chinese,  must  subdue  the  people 
already  there. 

But  although,  Mr.  Chairman ,  this  iVioc^tt^i/y-policy  was  doubtless  our 
true  policy,  it  is  no  longer  so.  Although  prtcipUancy ,  of  all  things,  is 
to  be  most  avoided,  any  long  delay ^m  setding  this  question,  is  exceed- 
ingly dangerous;  we  wish  no  hasty  action,  and  as  little  any  long  postpone- 
ment of  the  question.  The  ditlicully  in  question  should  be  at  once  com- 
promised— negotiations  ought  to  be  resumed.  I  care  not  by  whom  the  pro- 
position to  resume  the  negotiation  is  first  made.  So  long  as  the  real  honor 
•of  the  country  is  not  compromised,  it  is  unmanly  triHing,  for  either  party 
to  risk  a  war  4ipon  some  punctilio  of  diplomatic  ceremony,  as  to  who  is  to 
uiake  the  first  advance  toward  negotiation  and  peace. 

In  the  present  excited  state  of  the  public  mind,  there  is  serious  danger  that 
the  question,  if  left  open  and  unsettled,  will  inevitably  lead  to  a  collision  be 
tween  the  two  Governments.  It  will,  in  the  first  instance,  lead  to  a  collision 
in  Oregon;  and  we  all  know  that  in  case  of  such  a  coUision,  the  death  of 
•one  person,  as  surely  as  the  death  of  one  hundred,  would  lead,  in  all  proba- 
bility ,  to  a  war. 

That  this  result  will  almost  certainly  follow  from  delay,  let  us  look  with 
«omecare  at  the  existing  laws  of  G.  Britain  in  relation  to  this  territory,  and  the 
proposed  legislation  of  Congress  of  precisely  the  same  character.  I  con- 
sider this  question  of  quite  as  much  importance  as  the  question  of  notice, 
and  intimately  connected  with  it. 

It  is  a  somewhat  singular  fact,  that  the  nature  and  provisions  of  the  En- 
lish  laws  on  this  subject  have  been  misconceived  in  the  various  diiscussions 
-and  negotiations  heretofore  had.  It  has  been  taken  for  granted  that  the 
English  statute  of  1821,  I  and  2  Geo.  4th,  extended  only  to  British  sub- 
jects; and  that  American  citizens,  either  by  express  exception  or  impliedly, 
were  excluded  from  the  operations  of  the  law.  The  President  himself,  in 
liis  annual  message,  observes: 

"  They  are  anxious  that  our  laws  should  be  extended  over  them,  and  I  recommend  that  this 
be  done  by  Congress  with  ns  little  delay  as  possible,  in  the  full  extent  to  ^vhit-h  the  British  Par- 
liament have  proceeded  in  reeard  to  Bntish  ntbjtcts  in  that  territory,  by  their  act  of  July  the  se- 
cond, 1S21,  *'  for  regulating  tne  fur  trade,  and  esiablishing  a  criuiinul  and  civil  jurisdiction  wittun 
certain  parts  of  North  America."  By  this  act.  Great  Britain  extcndtd  her  tuws  and  juriadietion, 
civil  and  criminal,  over  her  aubjertt  engaged  in  the  fur  trade  tn  that  leiritory.  By  il,  the  courls  of 
the  province  of  ijpper  Canada  were  empowered  to  take  cogniziuice  of  causes  civil  and  criminal. 
Justices  of  the  ])eacc  and  other  judicial  officers  were  authorized  to  be  appointed  in  Oregon,  with 
power  to  execute  all  process  issuing  from  the  courts  of  that  province,  and  to  "  ek  and  hoW 
courts  of  record  for  the  tri  '  of  criminal  offences  and  misdemeanors,"  not  made  the  subject  of 
capital  punishment;  and  also  of  civil  cases,  where  the  cause  of  action  shall  not  "exceed  in  value 
the  amount  or  sum  of  two  hundred  pounds." 

It  is  not,  however,  the  fact,  that  the  act  of  the  British  Parliament  of  1821 , 

or  a  preceding  act  of  1803,  43,  Geo.  3d,  is  confined  to  Brilii<h  subjects. 

On  the  contrary.  Great  Britain  note  exercises  exclusive  soverei^vty  over 

Oregon .     All  the  inhtdntants  of  the  territory  are  subjected  to  British  lawt 

and  to  be  tried  by  British  tribunals.     There  is  nothing  in  the  statutes  of 


1803  or  1S21 ,  which  recognises  any  claim  or  rights,  except  that  Americanr 
fur  traders  are  allowed  to  trade  with  the  Indians  without  Her  Majesty  V 
grant  or  license. 

As  this  view  is,  so  far  as  I  know,  different  from  any  which  has  heretofore- 
been  advanced  in  the  discussion  of  this  question,  I  must  ask  the  atlention- 
of  the  committee  to  a  careful  examinotion  of  these  statutes. 

The  act  referred  to  in  the  President's  message,  passed  in  1621,  (1  and  2,. 
Geo.  4,  c.  66,)  entitled  <*  An  act  for  regulating  the  fur  trade,  and  establish- 
ing a  criminal  and  civil  jurisdiction  within  certain  parts  of  North  America,'* 
recites,  in  a  preamble,  among  other  things,  that  '<  Whereas,  the  animosities 
and  feuds,  arising  from  such  competition,  have  also,  for  some  years  past,, 
kept  the  interior  of  America,  to  the  northward  and  westward  of  the  provin- 
ces of  Upper  and  Lower  Canada,  and  of  the  territories  of  the  United  States 
of  America,  in  a  stale  of  continual  disturbance;"  <<and  whereas  many^ 
breaches  of  the  peace,  and  violence,  extending  to  the  loss  of  life  and  con- 
siderable destruction  of  property,  have  continually  occurred  therein,'^  and 
it  is  necessary  to  have  "  more  eflectual  regulations,"  &c.  And  in  the  first 
section,  provides  for  giving  authority  to  the  King,  'Mo  make  grants  or  give 
license  to  any  peison  or  corporation  for  exclusive  liberty  to  trade  with  the 
Indians,  in  all  such  parts  of  North  America  as  shall  be  specified  in  said 
grants  or  licenses,  not  being  part  of  the  lands  heretofore  granted  to  the  Hud- 
son's Bay  Co.,  and  not  being  part  of  any  British  provinces, or  of  any  lands 
or  territories  belonging  to  the  United  States  of  America."  The  second  sec- 
tion provides,  that  no  grant  shall  be  for  a  longer  period  than  twenty-one 
years.  The  third  section  requires,  that  the  persons  or  corporations  receiving 
the  grants  shall  keep  lists  of  persons  in  their  employment,  and  make  return 
to  the  Secretary  of  State — shall  give  security  to  bring  criminals  to  trial — to 
observe  regulations  for  diminishing  or  preventing  sale  of  ardent  spirits,  and 
promoting  moral  and  religious  improvement,  6lc. 

The  fourth  section  of  this  act  is  the  only  part  of  it  in  which  there  is  any 
reference,  directly  or  indirectly,  to  the  convention  between  the  United  Stales, 
and  Great  Britain.     That  section  is  as  follows: 

"  4.  And  whfrens,  t»y  a  convention  entered  into  between  his  Majesty  and  the  United  State» 
of  America,  it  was  atipiilnted  nnd  agreed,  that  any  country  on  the  northwest  coast  of  America, 
to  Uie  w^estward  of  tlic  8tony  Mountains,  should  be  free  and  open  to  the  citizens  and  subjecte  or 
the  two  powers,  for  the  term  of  ten  years  from  the  date  of  the  signature  of  that  convention,  be  ic 
therefore  enacted,  that  nntliing  in  this  act  contained  shall  l>e  deemed  or  construed  to  authorize 
any  body  cor|ioiiite,  company,  or  |>erson,  to  whom  his  Majesty  may  have,  under  the  provisionr 
of  this  act.  made  a  grant  or  given  u  license  of  exclusive  trade  with  the  Indians  in  such  parts  or 
North  America,  as  aforesaid,  to  claim  or  exercise  any  such  exclusive  trade  within  the  limits 
specified  in  the  said  article,  to  the  prejudice  or  exclusion  of  any  citizens  of  the  said  United 
States  of  America,  v/ho  may  lie  engttged  in  the  said  trade  :  Providcil  always,  that  no  British 
subject  shall  trade  with  the  Indians  within  such  limits  without  such  grant  or  license  as  is  bj- 
this  act  required." 

Without  reading  every  section  of  this  act,  which  I  have  examined  with 
great  care,  I  would  lefer  gentlemen  to  the  act  itself,  and  only  refer  to  a  fevr 
additional  sections. 

In  the  sixth  section,  it  is  expressly  provided  that  the  courts  in  Canada: 
shall  have  full  jurisdiction  '^ within  the  Indian  territory,  and  other  parts  of 
America  not  within  the  limits  of  either  of  the  provinces  of  Lower  or  Uf^r 
Canada,  or  of  any  civil  government  of  the  United  States."  It  not  only 
embraces  the  entire  territory,  but  includes  all  persmisin  the  territory.  In  rela- 
tion to  contracts  jthe  sixth  section  provides,'' that  all  and  every  contract,  agree- 
ment^ debt^  liability,  and  demand  whatEOver^  made^  entered  into^  incurred;  cs- 


4 


♦ 


imencanr 
Majesty  V 

eretofore- 
atlention- 

1  and  2y 
^stablish- 
ncrica," 
iinosities 
tars  past^ 

provin- 
h1  States 
IS  many 
and  con- 
n/^  and 

the  first 
s  or  give 
with  the- 
1  in  said 
he  Hud- 
ny  lands- 
;ond  sec- 
enly-one 
receiving 
^e  return 
trial — to 
irits,  and 

re  is  any 
cd  States 

lited  State* 
f  America^ 
subjects  or 
ntion,  be  it 
}  authorize 
provision* 
ch  ports  or 
the  limits 
tid  United 
no  British 
le  as  id  by 

led  with 
to  a  few 

Canada. 

parts  of 
»r  Uj^r 
not  only 

In  rela- 
;t,agree- 
Lirred;  or 


arising  within  the  said  Indian  territory/*  shall  be  cognizable  by  the  courts. 
Also,  in  relation  to  wronga and  civU  iuJuries,lUc  suiiic  section  provider,  that 
"fl'V  and  every  wrong  and  injury  to  the  person  or  property ,  renl  or  personal, 
committed  or  done  within  the  same/'  sbuU  be  cognizable  in  the  sanio  man- 
ner. 

The  same  act  also  provides  for  transporting  all  persons  to  Canada  who 
resist  the  service  of  process  mesne  or  final;  also,  in  all  civil  casc8  where  the 
amount  in  controversy  is  ^200  or  upwards,  and  criminal  cuscs,  where  the 
punishment  is  death  or  transportation. 

The  8lli  section  provides,  that  *'in  case  any  person  or  persons  whatsoever y 
residing  or  being  widiin  the  said  Indian  territories,'*  ^hall  refuse  to  obey 
process,  dec,  shall  be  committed  to  custody,  in  order  to  his  or  their  being 
conveyed  to  Upper  Canada."  ''And  shall  be  conunitted  to  jail  until  the 
judgments  and  costs  are  paid." 

These  proceedings  ore  stringent  and  severe  in  their  character,  especi- 
.ally  those  which  piovide  for  trans)x>rting  persons,  before  trial,  to  Can- 
ada.  One  of  the  meat  severe  of  punishments  precctlcs  the  hearing — a  Jour- 
ney of  a  thousand  or  two  miles  through  that  wild  and  savage  coimtry.  The 
t>nly  judicial  proceedings  at  ull  similar  to  these  arc  those  of  the  fabled  court 
of  Rhadamanthus,  the  jiid^e  of  the  infernal  regions,  of  whom  it  is  said 
•''castigat  que,  audit  que" — -he  punished  first,  and  heard  afterwards. 

In  the  11th  and  12th  sections,  the  justices*  courts  are  vested  with  full  crim- 
inal jurisdiction  in  all  cases,  except  where  the  punishment  is  death  or  trans- 
portation; nor  is  this  jurisdiction  limited  to  British  subjects. 

The  act  of  43  Geo.  3,  c.  138,  passed  in  1803,  is  extended  by  this  act. 
And  so  far  as  it  is  not  inconsistent  with  the  act  of  1821 ,  is  still  in  force.  But 
lliere  is  nothing  in  that  act  varying  in  the  \ci\si  the  view  already  taken  in  re- 
lation to  contracts  or  civil  injuries.  It  is,  indeed,  provided  in  the  4lh  sec- 
tion of  that  act,  ''that  if  any  crime  or  oflfence  charged  and  proseciued  under 
this  act  shall  be  found  to  have  been  committed  by  any  person  or  persons 
not  being  a  subject  or  subjects  of  his  Majesty,  and  also  within  the  limits  of 
■any  colony,  settlement,  or  territory  belonging  to  any  European  State,  the 
court  before  which  such  prosecution  shall  be  had  shall  forthwith  acquit  such 
person  or  persons,  not  being  such  subject  or  subjects  as  aforesaid,  of  such 
chaige."  But  this  proviso  extends  only  to  crimiual  oflences  and  not  to 
<:ivil  causes,  in  relation  to  which  there  is  no  limitation  in  either  act  to  British 
subjects;  but,  by  express  general  terms,  extends  to  nil  persons  occupying 
the  territory  described.  Antl  in  relation  to  criminal  oflTences,  it  is  not  only 
provided  that  they  shall  be  foreigners,  6t//  also  be  in  a  foreign  "settlement," 
^c,  in  order  to  be  embraced  in  the  exceptions  of  the  statute. 

Such  are  the  English  statutes.  Similar  laws  are  recommended  by  Uie 
President,  and  have  been  reported  to  Congress  by  the  Couuuittce  on  Terri- 
tories, and  will  doubtless  be  ])assed,  extending  over  the  same  territory. 

Thus,  we  shall  have  two  dillereut  systems  of  laws  by  two  diirerent  CJovern- 
jnenis,  each  extending  over  the  whole  population  of  the  same  country.  Bri- 
lish  subjects  are  to  be  tried  by  the  laws  of  Iowa, and  American  citizens  are 
to  be  sent  to  Canada.  The  courts  of  neither  country  will  reci^nise  the  de- 
cisions of  the  other.  The  conflict  of  jurisdiction  in  relation  to  Innd,  the 
enforcing  of  contracts,  assault  and  battery,  <!tc.,  must  constantly  arise. 

The  law-making  ))ower  is  the  highest  act  of  sovereignty,  and  includes 
«very  other.  The  very  definition  in  the  horn  book  of  the  lawyer's  profes- 
sion is,  that  "law  is  a  rule  of  civil  action  prescribed  by  the  supreme  power  of 


I 


«  Slate.  The  establishment  of  courts,  of  a  judiciary  syeteni,  with  a  com- 
plete code  for  enforcirii^nll  contracts,  awarding  dainties  for  trespasses,  and 
other  wronga  and  injuries,  and  puiii«ihing  all  crimes,  is  the  most  important 
exercise  of  the  law-making  power.  Indeed,  sir,  I  he  judiciary  is  at  the  foun- 
dation of  all  government ;  and  in  its  internal  affuirs  the  oilier  branches  of 
every  welt  oriranlznd  coininunily  are  mainly  valuable  to  guard,  fortify,  and 
enforce  the  decisions  of  the  judiciary. 

Sovereignty  is  supreme  power,  and  a  joint  sovereignty  is  utterly  imprac- 
ticable. There  may  be  join  possession,  joint  occupation ,  joint  title,  if  you 
please,  but  there  can  be  no  joint  sovereignly.     It  is  a  contradiction  in  terms. 

What,  ihen,  may  we  anticipate  would  be  the  result  with  these  two  sys- 
tems of  laws.  E^niigration  is  rapidly  increasing,  the  country  is  filling  with 
people  from  these  States;  and  without  the  Chinese,  there  will  be  a  consid- 
erable number  of  our  own  citizens  in  that  country  in  a  single  year.  The- 
very  first  controversy  between  a  citizen  of  our  own  and  a  Briti2«h  subject  will 
lead  to  a  collision.  Both  parlies  are  already  excited.  They  will  become 
more  and  more  so,  and  if  this  matter  remains  open  a  single  year,  a  contro- 
versy is  almost  inevitable. 

It  is  very  obvious  that  this  act  of  the  British  Parliament  is  in  violation  of 
the  spirit  of  the  convention  of  1818,  ond  of  the  formal  express  statement  of 
Messrs.  Huskisson  and  Addington  to  Mr.  Gallatin,  December  16,  1826,  in 
relation  to  renewing  the  treaty  of  joint  occupation. 

"Great  Britain,*' they  say,  "claims  no  exclusive  sovereignly  over  any 
portion  of  this  territory.  Her  present  claim,  not  in  respect  of  any  part,  but 
the  whole,  is  limited  to  a  right  of  joint  occupancy,  in  common  with  other 
states,  leaving  the  right  of  exclusive  dominion  in  abeyance." 

^  due  to  Great  Britain  to  remark,  that  in  no  instance  has  there  been 
an;  Tt  to  enforce  these  laws,  so  far  as  we  know,  against  any  American 
citi^eii,  and  it  is  a  remarkable  fact  that  no  collision  has  heretofore  existed 
between  the  citizens  and  subjects  of  the  two  countries.  But  Congress  will 
pass  a  similar  law,  and  the  two  systems  cannot  coexist  without  producing  a 
collision  and  violence,  and  probably  bloodshed ,  which  will  lead  most  surely^ 
to  war. 

In  relation  to  the  Hudson's  Bay  Company ,  about  which  so  much  ha» 
been  said,  I  wish  to  sjiy  a  few  word;*. 

Tlie  original  charter  of  the  Hudson's  Bay  Company  w.is  granted  by- 
Charles  II,  in  1660.  They  were  described  as  "Lords  Proprietors,  holding; 
lands  in  free  and  common  soccage."  This  grant  embraced  no  part  of  the 
Oregon  territory. 

In  1821.  December  21,  the  Hudson's  Bay  Company  and  the  Northwest 
Company  were  united,  and  a  grant  was  made  by  the  King  of  the  exclusive 
trade  with  the  Indians,  for  a  limited  time,  to  the  Hudson's  Bay  Company. 
This  gmnt  provides  that  the  Governor,  «fcc.,  "shall  also  enter  into  and  give 
security  to  us,  (the  King,)  our  heirs  and  successors,  in  the  penal  sum  of  five 
thousand  pounds,  for  insuring,  so  far  as  in  them  may  lie,  the  due  exercise 
of  all  the  criminal  processes,  and  of  any  civil  process  in  any  suit  where  the 
matter  in  dispute  shall  exceed  ^^'200,  by  the  officers  and  persons  legally  em- 
powered to  execute  such  processes  within  all  the  terrilorities  included  in  this 
our  grant;  and  for  the  producing  and  delivering  into  safe  custody,  for  pur- 
poses of  trial,  any  person  in  their  employ,  or  acting  under  their  authority, 
within  the  said  territories,  who  may  be  charged  with  any  criminal  olFcnce.'* 

A  similar  grant  was  made  in  about  the  year  1824,  containing,  as  in  the 


fcXTM 

"the 
riod  < 
sure 

W« 
pecia 
armie 

Ti 

infon 
ment 
grant! 
colon 


1  a  com- 
kMes,  and 
mportant 
the  foun- 
anches  of 
tify,  and 

^  imprac- 
t  if  you 
in  terms, 
two  sya- 
ingr  with 
a.  consid- 
The 
)ject  will 
become 
I  coatro- 

lotion  of 
;ment  of 
1826,  ia 

»ver  any 
mrt,  but 
th  other 

ire  beeik 
mericAA 
existed 
ess  will 
iicinor  a 
t  surely 

iich  ha» 

ifed  by 

liolding^ 

of  the 

till  west 
elusive 
npany. 
id  give 
of  five 
jcercise 
ere  the 
iy  em- 
ill  this 
)r  pur- 
lorily,. 
nee.'* 
in  the 


fMiner  raie,  no  ffrant  of  any  I^nd,  or  title  to,  or  interest  in  it,  but  merely 
"the  sole  and  exclusive  privilege  of  trading  with  the  Indians  for  the  full  pe- 
riod of  21  years,"  and  a  bond  was  also  required  of  a  similar  character  to  m- 
sure  the  enforcing  of  the  laws  against  persons  in  the  employ  of  the  company.. 

We  have  heard  Uiis  company  denounced  in  no  measured  terms ,  and  es- 
pecially have  we  heard  of  the  extension  of  British  power  in  Oregon — of  her 
armies,  her  numerous  fortifications — of  the  encroachments  of  thai  overgrown 
corporation,  and  the  permanent  settlements  in  the  territory. 

These  are.  very  strange  declarationi*  in  view  of  well  known  feels.  I  ana 
informed  that  there  is  not  a  single  British  soldier  under  the  British  Uovern  < 
inent  in  Oregon.  She  has  erected  no  fortifications  ;  and  although  in  the 
grants  to  the  Hudson's  Bay  Company  she  reserved  the  right  to  establish 
colonies,  she  has  not  done  so.  The  Hudson's  Bay  Company  are  not  tho 
owners  of  a  single  acre  of  land,  but  have  merely  a  ''license"  or  "grant"  to 
trade  with  the  Indians.  That  company  have  formed  various  settlements^ 
and  fortified  them  for  their  protection  against  the  Indians,  and  aniied  the 
persons  in  their  employment;  but  there  is  no  well  founded  complaint  of  any 
ill-treatment  by  the  company ,  or  any  of  its  agents,  of  American  citizens;  but 
the  testimony  is  uniform  of  their  kindness  to  shipwrecked  American  seamen ,. 
and  others,  in  want  and  distress.  That  they  have  availed  diemselves  of 
their  position  in  securing  to  themselves,  like  other  trading  companies,  as  far 
as  possible,  the  exclusive  trade  of  the  Indian  tribes,  is  undoubtedly  true;  but 
they  have  been  guilty  of  no  violence  towards  our  own  citizens.  The  very 
memorial  of  our  own  citizens  in  Oregon,  presented  by  the  chairman  of  the- 
Committee  on  Foreign  Relations  at  the  commencement  of  the  session ,  lia» 
the  following  language:  ''We,  the  citizens  of  the  United  States,  have  no 
cause  to  complain  either  of  exactions  or  of  oppression  at  the  hands  of  tlio 
subjects  of  Great  Britain  ;  on  the  contrary,  it  is  but  just  to  say,  that  their 
conduct  towards  us  has  been  most  friendly,  liberal,  and  philauUiropic." 
How  diflTereut  has  been  the  language  used  on  this  floor ! 

But  there  is  onc/oc/,  which  is  stated  by  the  gentleman  from  Indiana,  (Mr> 
OwEx,)  that  the  company,  or  some  of  its  agentij,  paid  to  one  of  our  citi- 
zens eight  hundred  dollars  to  remove  from  the  north  to  the  souUi  side  of  the 
Columbia  !  This  is  really  a  very  serious  aflfair,  a  most  dangerous  encroach- 
ment on  our  rights  in  Oregon  !  But  it  will  be  a  most  expensive  mode  of 
retaining  possession  of  the  country  north  of  the  Columbia.  They  will  have 
frequent  opportunities  to  repeat  the  same  ofier,  and  doubtless  with  similar 
success.  Our  people  would  consider  this  bounty  for  settling  Oregon  quite 
equal  U)  any  offered  by  our  own  Government ,  and  the  emigrants  to  thai 
country  would,  at  this  rate,  be  so  numerous,  that  we  should  need  the  rail- 
road to  the  Pacific  which  my  honorable  friend  from  Alcbama  (Mr.  Hil- 
liard)  considers  so  very  feasible  a  project.  And  this,  Mr.  Chairman,  is 
the  whole  foundation  of  the — what  shall  I  call  it? — uproar  in  this  House  on 
the  subject  of  the  encroachments  and  wrongs  committed  by  the  Hudson's 
Bay  Company  and  the  Government  of  Great  Britain .  It  reminds  me  of  Par- 
tridge, in  Tom  Jones,  whose  little  pig  got  into  the  enclosure  of  his  neigh- 
bor. His  neighbor  sued  him ,  and  he  was  charged  wiUi  having  entered, 
with  a  drove  of  swine,  and  broken  down  the  fences,  and  trampled  down 
the  grass,  and  destroyed  the  crops,  and  other  grievous  wrongs  and  injuries 
were  charged;  so  that  Partridge  declared  that  the  lawyers  made  such  a  noise 
about  his  little  pig,  they  would  have  thought  him  the  greatest  hog  dealer  in 
all  llie  country . 


! 


In  thus  considering  the  oi>erations  of  tlie  laws  of  the  two  countries  over 
Oregon,  I  have  occupied  the  time  of  the  committee  on  a  subject  far  more 
important,  to  the  peace  of  (he  country,  than  the  question  of  giving  the  pro- 
posed notice,  or  the  time  and  manner  of  giving  it. 

Notice  certainly  is  not  necessarily  a  vrar  measure.  It  was  provided  for 
in  the  convention  itself,  and  might,  under  other  circumstances,  have  been 
g^ven,  without  being  regarded  either  as  a  measure  of  peace  or  of  war.  But 
this  notice  must  be  taken  in  connection  with  the  declarations  of  the  Presi- 
dent in  his  mcssnge,  and  the  running  commentary  in  this  House,  and  else- 
where, by  distinguished  men,  and  by  men  holding  distinguished  positions. 
What  is  the  language  of  the  message  ? 

"The  cxtrnordiimry  nnd  wholljr  inadmisflihle  (Icmnnds  of  the  British  Government,  and  the 
rejection  of  the  propcsiiion  ninde  in  deference  nione  tn  what  Itad  been  done  by  my  predecea- 
•ors,  and  the  implieu  oblization  which  their  iictn  Necmcd  to  impose,  atford  satisfactory  evidence 
that  no  compronwHC  which  the  United  Stnten  ought  to  accept  can  be  effected.  With  this  convic- 
tion, the  propoNJiioM  of  coiitprnmisn,  which  had  been  made  and  rejected,  was,  by  my  direction, 
•ubsrquent'y  withdrawn,  and  our  title  to  the  whole  Oregon  territory  asserted,  and,  as  is  be- 
lieved, mainuiincd  by  irrefraj;ublc  facts  and  urijumcnts." 

Again : 

"At  the  end  of  the  yearns  notice,  should  Congrcis  think  it  proper  to  make  provision  for  sir- 
ing that  notice,  wc  nhnll  have  reached  c  period  when  the  national  rights  in  Oregon  must  either 
be  abandoned  or  firmlv  maintained.  That  they  cannot  be  altanduned  without  a  sacrifice  of 
both  national  honor  ana  interest,  is  too  clear  to  admit  of  doubt." 

Such  is  the  language  of  the  President,  and  immeasurably  more  belligerent 
is  the  Inngiiage  used  in  Congress  towards  Great  Britain.  We  should  re- 
member the  circtunstanceg  under  which  the  negotiation  was  broken  off, 
that  it  is  broken  ofT,  and  has  not  been  resumed .  The  chairman  of  Foreign 
Affairs  informs  us  that  there  is  no  negotiation ,  and  I  learn  the  same  from  the 
best  authority.  It  is  in  this  connection  that  a  notice  is  proposed  to  be  given — 
a  naked  notice,  under  the  express  declaration  that  the  natioiuU  lights  in 
Oregon  ^^muftt  be  firmly  mmntained;'*''  and  the  further  declaration,  that 
*'•  no  compromise  which  ihe  United  States  ought  to  accept  can  be  effected. ^^ 

Such  a  notice  is  certainly  not  a  declaration  of  war,  but  it  furnishes  the 
most  serious  impediments  to  the  resumption  and  prosecution  of  negotiation. 

Will  Greot  Britain  ofler  to  negotiate,  under  such  a  notice  ?  Can  she  do 
it  without  sacrificing  her  national  honor  ?  It  thus  very  unnecessarily  and  most 
seriously  embarrasses  this  embarrassing  subject.  But  distinguished  gentle- 
men, v^ry  distinguished  gentlemen,  on  this  floor,  have  told  us,  with  the 
most  perfect  coolness,  that  all  that  we  have  to  do  is  to  give  the  notice,  and 
at  the  end  of  the  year  take  |)ossession  of  the  country — military  possession— 
and  for  such  a  trilling  affair  as  this  Great  Britain  has  no  right  to  complain; 
and  if  she  is  so  very  unreasonable  os  to  find  fault  with  our  just  resuming 
our  rights,  and  taking  possession  of  the  whole  country,  we  will  "sweep  her 
from  the  continent."  But  they  say  this  would  not  lead  to  war,  but  is  de- 
cidedly fx peace  measure  !  I  should  like  to  know,  sir,  the  modus  operandi 
of  iUis peaceable  military  possession.  If  it  means  that  we  will  fill  up  the 
country,  and  make  settlements  in  unoccupied  portions  of  it,  and  bring  the 
military  force  to  subdue  the  hostile  soil,  it  is  a  very  harmless  operation  in- 
deed— is  just  what  we  are  now  doing  under  the  joint  convention,  and  al- 
ways have  been .  But  if  we  are  to  take  the  exclusive  possession  of  the 
country,  what  is  to  become  of  the  British  subjects  in  that  territory — the  fur 
traders,  the  stockade  forts,  the  fortified  posts  of  the  Hudson's  Bay  Compa- 
ny, their  armed  men  ?  Of  course,  no  American  can  doubt  h\.i*  that  we  can 
capture  them  with  great  ease.    It  would  be  treason  to  hut^jute  any  such 


doubt 

sist, 

Coulc 

like  ll 

be  tal 

globe 

jects 

that, 

W 

show 

that  t 


I 


intries  over 
:t  far  more 
ig  the  pro- 

rovided  for 
have  been 
war.  But 
the  Preai- 
,  and  else- 
positions. 


ent,  and  the 
ny  predecea- 
r)rv  evidence 
» mis  convic- 
ny  direction, 
lu,  aa  is  be- 


lion  for  siv- 

I  muRt  either 

sacrifice  of 

>elhgerent 
>houId  re- 
oken  off, 
f  Foreign 
I  from  the 
e  given — 
rights  in 
tion,  that 
}0'ectedy 
ishes  the 
gotiation. 
m  she  do 
and  most 
i  geutle- 
with  the 
tice,  and 
session-— 
omplain ; 
esiiming 
veep  her 
»ut  is  de- 
yperandi 
1  up  the 
>ring  the 
Eition  in- 
,  and  al- 
I  of  the 
-the  fur 
Compa- 
.  we  can 
ny  such 


doubt  on  this  floor.  But  suppose  they  should  be  so  unreasonable  as  to  re- 
sist, and  *^ave  to  be  taken  by  force,  and  a  few  of  lliem  happen  to  be  killed. 
Could  a  wnr  be  avoided  ?  Can  gentlemen  be  serious  in  uuering  languag* 
like  this?  Would  Great  Britain  allow  for  one  moment  any  sucn  course  to 
be  taken  with  a  British  subject?  Why,  sir,  there  is  not  on  the  face  of  the 
globe  a  nation  which  affords  such  perfect  and  efficient  protection  to  her  sub- 
jects as  that  ppweiful  nation;  and  it  is  the  idlest  thing  possible  to  suppose 
that,  under  such  circumstances,  a  war  could  be  avoided. 

What,  then,  is  our  true  course  on  this  subject?  I  have  endeavored  to 
show  that,  although  <'  inactivity"  lotis  owx  true  policy,  it  is  so  no  longer; 
that  the  Joint  occupation  cannot  with  safety  long  continue;  that  a  notice,  if 
given  with  merely  the  declarations  of  ihe  President  and  his  confidential 
friends,  and  other  members  of  this  House,  will  greatly  impede,  if  not  en- 
tirely prevent, negotiation,  and,  if  followed  up  by  military  possession ,  lead  to 
violence  and  war.  Under  these  circumstances,  in  my  own  view,  the  wiser 
course  is  to  authorize  the  Executive  to  give  the  notice,  expressing  upon  the 
face  of  the  resolution  which  shall  authorize  it,  that  it  is  done  with  the  view 
of  bringing  the  negotiation  to  a  speed)  and  amicable  termination  of  the 
diflferences,  recommending  that  negotiation  be  renewed, and  thol  the  matter 
should  be  settled  as  civilized  men  should  settle  such  a  question .  Under  these 
circumstances,  it  is  my  opinion,  that  it  is  more  likely  to  lead  to  peace  to  pass 
such  a  lesolution,  than  to  take  no  action  on  the  subject. 

1  shall  accordingly,  before  I  close,  ofler  an  amendment,  or  rather  a  substi- 
tute for  the  original  resolutions. 

All  say  that  they  desire  peace.  How  is  that  to  be  obtained?  It  is  not  to 
be  obtained  by  threatening,  in  a  boastful  strain,  to  sweep  England  from  the 
continent,  or  to  take  Canada  in  ninety  days,  and  give  it  Iwck,  and  take  it 
again  in  ninety  days — to  drive  her  fleet  from  the  ocean .  It  is  not  to  be 
preserved  by  the  use  of  abusive  epithets,  or  repeated  and  unceasing  attacks 
upon  Great  Britain.  Much  of  this  has,  indeed,  been  very  harmless.  It  has 
been  only  ridiculous.  All  the  four-footed  beasts,  and  creeping  things,  and 
fowls  of  the  air,  and  amphibious  animals,  too,  have  figured  in  this  debate. 
The  poor  lion  is  utterly  destroyed ,  and  the  eagle  is  a  most  persecuted  bird — 
the  bear  and  the  crocodile,  and  the  serpent  and  tlie  onaconda,  have  not 
been  forgotten.  In  relation  to  the  American  eagle,  these  figurative  gentle- 
men should  have  remembered  that  he  grasps  the  olive  branch  as  well  as  the 
arrows;  and  I  hope  that  this  emblem  may  not  prove  false  by  the  prevalence 
of  rash  and  imprudent  counsels,  and  a  thirst,  an  unholy  thirst,  for  do- 
minion. 

Two  other  republics,  one  of  ancient,  and  the  other  of  modem  times, have 
gone  forth  to  battle,  and  to  slaughter,  under  the  auspices  of  tlii'  .loble  bird. 
The  Roman  eagle  of  ancient,  and  the  French  eagle  of  modern  limes,  had 
the  arrows,  but  not  the  olive  branch.  Lei  us  take  warning  from  their  ex- 
ample and  their  fate.  This  unbounded  appetite  for  conquest  and  territory 
ruined  them.  In  the  one  case  falling  to  pieces  by  its  own  weight,  and  in 
the  other  by  an  union  of  the  whole  civilized  world,  as  against  a  common 
enemy — hostis  huniani  generis. 

The  views  freely  expressed  on  this  floor  accord  with  the  course  of  policy 
pursued  by  the  French  republic — like  the  farmer,  who  considered  himself 
very  moderate  in  his  views,  we  only  want  all  the  land  which  joins  us. 
Texas  we  have  taken ,  and  now  we  hear  proposed ,  with  apparent  sin- 
cerity, ihat  we  take  CaUfornia.  and  Mexico,  and  Cuba;  and  that  we  sweep 


all  other  nations  from  the  entire  continent.  <<  An  ocean-bound  rMublic" 
will  only  satisfy  the  ambitious  cravings  of  these  gentlemen,  (Mr.  Dixon, 
and  Ireland.)  Yes,  and  Ireland,  too;  and  some  have  been  so  valiazit  as  to 
propose  to  capture  the  island  of  England  itself.  Indeed ,  gentlemen  declare 
publicly  on  t'us  floor  that  the  matter  in  controversy  cannot  be  settled  by  a 
reference,  because  there  is  no  one  of  all  the  nations  of  the  earth  but  what  is 
hostile  to  us.  This  is  sheer  madness.  We  have  Mexico  on  our  southern 
frontier  ready  to  attack  us  at  any  moment  when  she  can  do  so  with  success. 
The  President  has  deemed  it  wise  to  say  offensive  things  in  relation  to 
France,  and  yet,  in  the  midst  of  our  most  serious  difficulties  with  England > 
we  are  defying  the  rest  of  the  world ,  and  inform  them  that  the  entire  conti- 
nent is  ours.  By  what  title  I  know  not — by  what  patent,  derived  from  the 
Almighty  or  elsewhere,  I  cannot  imagine.  I  know  of  none  but  the  heath- 
enish and  absurd  idea  of  destiny — ^^  manifest  destini/!** 

Mr.  Chairman,  I  think  the  Administration  greatly  in  fault  in  the  course 
which  they  have  pursued  on  this  subject.  If  there  is  the  prol>ability  of  an 
amicable  settlement  of  this  matter — if  there  are  any  facts  within  the  know- 
ledge of  the  Administration  which  show  there  will  be  no  war,  and  they 
mean  to  pursue  such  a  course  as  will  lead  to  peace — why  are  the  leaders  of 
the  Administration  parly  in  this  House  and  elsewhere  alarming  the  country 
by  these  warlike  indications? — why  this  strange  accompaniment  to  pacific 
arrangements  ? 

If  there  are  no  such  facts  in  the  knowledge  of  the  Executive — if  they 
do  not  mean  to  negotiate  and  settle  this  difficulty — why  are  the  defences  of 
the  country  in  this  misemble  condition  ?  Are  no  preparations  to  be  made 
for  a  possible  collision  ?  Is  the  war  to  be  a  war  of  words?  Why  are  no 
arrangements  made  for  arming  the  fortifications — for  the  increase  of  the 
army,  as  there  have  been  for  the  partial  and  very  inadequate  increase  of  the 
navy — for  putting  the  country  into  a  state  of  complete  defence  ?  I  shall  re- 
joice to  give  my  vote  for  any  such  measures.  Any  appropriation,  to  any 
amount,  recommended  by  the  Executive  for  these  purposes,  will  meet  with 
my  most  cordial  support;  and,  so  far  as  I  know,  that  of  my  political  asso- 
ciates in  this  House.  And  although  I  consider  a  war  entirely  unnecessary, 
and  one  which  ctm  come  only  by  the  worst  possible  management  on  both 
sides,  yet  thece  is  sufficient  uanger  of  it  to  require  the  most  active  measures, 
and  the  most  decided  and  thorough  preparation.  If  war  must  come,  we 
must  and  shall  all  stand  by  the  country;  but  ''woe  to  that  man  by  whom 
the  offence  cometh." 

In  conclusion,  Mr.  Chairman,  I  will  state  a  few  words  as  to  the  course 
which  I  shall  deem  it  proper  to  pursue.  Although  I  and  those  whom  I 
represent  here  are  opposed  to  a  war,  and  to  all  wor  measures,  and  although 
we  believe  them  wholly  unnecessary,  and  although  we  shall  hold  responsi- 
ble for  the  war,  if  it  come,  the  Administration  and  those  who  advocate  and 
urge  the  adoption  of  these  measures,  it  is  not  necessary  for  me  to  say,  that, 
in  the  hour  of  need,  Connecticut  will  not  be  found  faithless.  She  has 
never  been  so  in  the  hour  of  danger.  Her  patriotism,  her  courage,  and 
spirit  of  sacrifice,  have  not  been  expended  in  idle  boasting.  It  is  a  matter 
recorded  in  history ,  and  undisputed,  that,  during  the  war  of  the  Revolu- 
tion, no  Stale  contributed,  in  proportion  to  its  numbers,  so  muc'.i  of  blood 
and  treasure  as  Connecticut;  and,  during  the  last  war,  no  troops  w-  ^e  more 
valiant.  I  have  my  witnesses  at  hand.  The  distinguished  chairman  of 
the  Committee  on  Foreign  Affairs  has  already  given  his  testhnony  in  an> 


enduri 
the  he 
record 
with  tl 
a  strea 
with  tl 
door, 
the  las 
^  setts,  I 
I      Am 
i  sures, 
tlcmen 
<  Indeec 
I  lute,  d 
relied 
barkei 
frugar. 
The  ii 
result  ( 
gives  i 
danger 
I  courag 
no  cou 
and  fo 
vice — 
derer" 
I  an 
relatiot 
duty,n 
she  wil 
countr; 
As  (] 
be  ala! 
crosses 
will  br 
walls  c 
was  m 


Thi 
nation 
the  w( 
*'lach} 
is  in  r 
tion ,  8 
ance, 
as  in  ] 

I  p. 
Ihe  fol 

Whc 
Slates  c 
period  < 
convent 


11 


romiblic" 
[r.  Dixon, 
eUiazit  as  to 
len  declare 
ettled  by  a 
Kit  what  is 
r  southern 
Lh  success, 
relation  to 

England  > 
itire  conti- 
il  fi'om  (he 
the  heath- 

[he  course 
ilily  of  an 
.he  know- 
and  they 
leaders  of 
e  country 
to  pacific 

I — if  they 
efences  of 
be  made 
ly  are  no 
of  the 
lae  of  the 
shall  re- 
,  to  any 
iieet  with 
ical  asso- 
ecessary, 
L  on  both 
leasuresy 
)nie,  we 
»y  whom 


le  course 
whom  I 
dthough 
responsi- 
cate  and 
\y,  that. 
She  has 
ge,  and 
Di  matter 
Revolu- 
)f  blood 
•e  more 
man  of 
in  an 


I 


enduring  fonn ;  and  (hat  most  learned  and  accomplished  historian  now  at 
the  head  of  the  Navy  Department,  has  made  his  faithful  and  luminou* 
record.  The  stranj^er,  as  he  rapidly  traverses  the  !S(ate,  constandy  meets 
with  the  monumen(s  of  (he  noble  deeds  of  her  fa(hers.  Not  a  mountain,  or 
a  stream,  or  a  water  fall,  but  what  is  memorable  as  connected  with  the  wars 
with  the  Indians,  or  of  the  Revolution,  or  (he  last  war.  From  ray  own 
door,  1  can  look  upon  the  monument  which  covers  the  remains  of  Uncas^ 
the  last  of  the  Mohicans;  and  his  noble  enemy,  the  chief  of  the  Narragan- 
setta,  lies  buried  near  him. 

And  the  very  men  who  petitioned  and  pro(es(ed  against  war  and  war  mea- 
sures, will  be  found,  if  war  come,  quite  as  faithful  to  (heir  coun(ry,  as  gen- 
tlemen who  (alk  the  loudest  and  declaim  with  most  vehemence  on  this  floor. 
Indeed,  sir,  I  say,  without  fear  of  contradiction ,  (hat  a  more  hardy,  reso- 
lute, de(crmined  set  of  men,  or  who,  in  (he  hour  of  danger,  are  more  to  be 
relied  on,  are  not  to  be  found  in  (his  or  any  other  '•ountry,  (han  those  em- 
barked in  the  whale  fishery  in  my  district.  Intelligent,  with  industrious,, 
frugal;  and  temperate  habits,  their  whole  life  has  been  a  course  of  discipline. 
The  interest  which  every  sailor,  in  common  with  (he  master,  has  in  (he 
result  of  the  voyage,  wiiJiout  interfering  wi(Ji  the  discipline  of  the  ship,, 
gives  independence  and  energy  (o  (he  character;  and  the  constant  personal 
dangers  (o  which  they  are  exposed,  render  habitual  that  calm  and  resolute 
courage  only  to  be  relied  upon  in  the  hour  of  danger.  But,  sir,  they  have 
no  courage  (o  boast  of,  and  (hey  will  not  thank  me  for  saying  what  I  have,, 
and  for  adding  that  they  are  almost  as  much  (o  be  relied  upon,  for  real  ser- 
vice— for  ac/Ma/ danger — as  the  most  patriotic  speaker  and  "grea(est  thun- 
derer"  in  the  country. 

I  am  almost  ashamed  to  be  found  indulging  in  (his  course  of  remark  in 
relation  to  that  noble  State.  She  has  been  generally  con(ent  to  do  her 
duty, and  allow  others  to  claim  (he  glory.  There  is  no  doubt  what  course- 
she  will  pursue.  If  by  bad  management  a  war  is  brought  upon  us,  the 
country,  though  abused,  will  still  be  ours,  and  i(s  honor  must  be  vindicated. 

As  quotations  seem  to  bo  the  ordei  of  the  day  here,  (gentlemen  need  not 
be  alarmed,  I  am  not  going  (o  quote  Shakspeare,)  there  is  one  which 
crosses  my  mind,  in  the  prospect  of  (he  sufi'eiings  and  losses  which  a  war 
will  bring  upon  us.  The  hero  of  ^niad  was  represen(ed  as  gazing  on  the 
walls  of  Carthage,  and  seeing  sculptured  there  (he  lamentable  ruin  of  Troy, 

was  made  to  exclaim — 

"Quis  locus 
dux  regio  in  terris  nostri  non  plena  laboris." 

This  passage,  I  know,  has  been  sometimes  applied  (o  (he  grow(h  of  our 
nation,  and  (he  extension  of  its  commercial  prosperity  unto  all  climes.  But 
the  word<-i  of  ^neas  were  uttered  in  no  such  boastful  spirit — he  spoke  them 
^'lachri/mans^^ — weeping  over  the  misfortunes  of  his  country.  Such  a  fate 
is  in  reserve  for  us,  if  wc  shall  proceed  in  our  present  mad  spirit  of  acquisi- 
tion, seizing  on  territories  all  around  us,  and  provoking,  in  a  spirit  of  defi- 
ance, a  power  which,  whatever  may  be  her  history,  we  are  bound  to  regard 
as  in  peace  a  friend. 

I  propose,  as  a  substitute  for  the  resolutions  now  before  the  committee,. 
5he  following: 

Whereas,  by  the  convention  concluded  on  the  20ih  day  of  October,  1818,  between  the  United 
States  of  Ameriui  and  the  King  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  for  the 
period  of  ten  years,  and  afterwards  indefinitely  extended  and  continued  in  force  by  another 
convention  of  the  same  parties,  concluded  the  Clh  day  of  August,  1827,  it  was  agreed  that  any 


I 


-country  that  may  be  claimed  by  either  party  on  the  northwest  coast  of  America,  westward  of 
the  Stony  or  Rocky  mountains,  now  commonly  called  the  Or^on  Teiritory,  should,  together 
with  its  harbors,  bays,  and  creeks,  and  the  navigation  of  all  rivers  within  the  same,  be  "  free 
and  open"  to  the  vessels,  citizens,  and  subjects  of  the  two  powers,  but  witliout  prejudice  to 
any  claim  which  either  of  the  parties  might  nave  to  any  part  of  said  country  ;  and  with  this 
further  provision  in  the  2d  article  of  the  said  convention  of  tlie  6th  August,  1837,  that  either 
party  might  abrogate  and  annul  said  convention  on  giving  due  notice  of  twelve  months  to  the 
other  contracting  party : 

And  whereas  it  has  now  become  desirable  that  the  res|tective  claims  of  the  United  States 

■and  Great  Britain  should  be  definitively  settled,  and  that  said  territory  may,  no  longer  than 

.need  be,  remain  subject  to  the  evil  consequences  of  the  divided  allegiance  of  its  American  and 
British  population,  and  of  the  confusion  and  conflict  of  nationid  jurisdictions,  dangerous  to  the 

-cherished  peace  and  good  undcrstniidings  of  the  two  countries : 

With  a  view,  therefore,  that  steps  be  taken  for  the  abrogation  of  said  convention  of  the  6th 

'  of  August,  1827,  in  the  mode  prescribed  in  its  2d  article,  and  that  the  auention  of  the  Govern- 
ments of  both  countries  may  be  the  more  earnestly  and  immediately  directed  to  renewed  efforts 
lor  the  settlement  of  all  their  differences  and  disputes  in  respect  to  said  territory  : 

Be  it  rtsohed  by  the  Senate  and  Howe  cf  Representatives  of  the  United  Suaes  ofJItneriea  in  Cort' 
grrsi  auemUed,  That  the  President  of  the  United  States  be,  and  he  is  hereby,  authorized,  at  his 
discretion,  to  give  to  the  British  Government  the  notice  r^uired  by  its  said  second  article  for 
the  abrogation  of  the  said  convention  of  the  6lh  of  August,  1827  :  Prarided,  however.  That,  i 

.order  to  afford  ample  time  and  opportunity  for  the  amicable  settlement  and  adjustment  of  al 
their  differences  and  disputes  in  respect  to  said  territory,  said  notice  ought  not  to  be  given  till 

-after  the  close  of  the  present  session  of  Congress. 


curing, 
be  emp 
the  pro 
Gkorge 
provinc 
and  off* 


APPENDIX. 

The  IfTiak  ftdiery — ^Whole  number  of  vessels  employed  in  the  whale  fishery,  January  Ist, 
1846: 

680  ships  and  barks, 
34  brigs, 
21  schooners, 
1  sloop.  .  1  .V  •  , , 


■  •fi 


736 

Tonnage  ...... 

•Officers  and  men  -  .  _  .  - 

^Estimated  value,  including  catchings    -  -  - 

Imports  during  1845. 

157,700  barrels  sperm  oil,  at  88  cents  per  gallon  - 
272,809  barrels  whale  oil,  at  33j  cents  per  gallon 
^,195,054  lb.  wlialebone,  at  33^  cents  per  lb. 


233,149 

19,560 

-    (^,440,000 

1^4,371,444  00 
2,864,494  33 
1,065,018  00 

$8,300,956  33 


ORGANIZATION  OF  THE  OREGON  TERRITORY— THE  BRITISH  OREGON  LAW. 

'The  following  act  of  the  British  Parliament  was  passed  the  2d  day  of  July,  in  the  year  1821, 
entitled  "An  act  for  regulating  the  fur  trade,  and  establishing  a  civil  and  criminal  jurisdiction 
in  certain  parLs  of  North  America,"  and  is  now  in  force  : 

^n  ^et  for  Regulating  the  Fur  Trade,  and  Estublisiiing  a  Criminal  and   Civil  Jurisdiction,  wiUiin 

Certain  Parts  ofJ\iorlh  JImerica. 

"Whereas  the  competition  in  the  fur  trade  between  the  Governor  and  Company  of  Adventu- 
rers of  England  trading  into  Hudson's  Bay,  and  certain  associations  of  persons  trading  under 
the  name  of  'The  North  West  Company  of  Montreal,'  has  been  found,  for  some  years  past,  to 
he  productive  of  great  inconvenience  and  loss,  not  only  to  the  said  company  and  associations, 
but  to  the  said  trade  in  general,  and  also  of  great  injury  to  the  native  Inaians,  and  of  other  per- 
sons, subjects  of  his  Majesty.  And  whereas,  the  animosities  and  feuds,  arising  from  such 
competition,  have  also  for  some  years  past  kept  the  interior  of  America,  to  the  northward  and 
westward  of  the  provinces  of  Upper  and  Lower  Canada,  tmd  of  the  territories  of  the  United 
States  of  America,  in  a  state  of  continued  disturbance.  And  wherras,  ninny  breaches  of  the 
peace,  and  violence  extending  to  the  loss  of  lives,  and  considerable  destruction  of  property, 
nave  continually  occurred  therein.  And  whereas,  for  remedy  of  such  evils,  it  is  expedient  and 
necessary  that  some  more  effectual  regulations  should  be  established  fur  the  apprehending,  se 


n 


13 


westward  of 
biould,  together 
ame,  be  "free 
>ut  prejudice  to 
and  with  this 
J27,  that  either 
months  to  the 

United  States 
no  longer  than 

American  and 
ingeroua  to  the 

on  of  the  6th 
>f  the  Govem- 
enewed  efforts 

tneriea  in  Con- 
lorized,  at  his 
:ond  article  for 
erer.  That,  i 
ustment  of  al 
o  be  given  till 


January  1st, 


233,149 

19,560 

^,440,000 


371,444  00 
864,494  33 
065,018  00 

300,956  33 


SON  LAW. 

le  year  1821, 
1  jurisdiction 

ction,  teithin 

of  Advcntu- 
•ading  under 
ears  past,  to 
kssociations, 
f  other  per- 
:  from  such 
■thward  and 
■  the  United 
chcs  of  the 
»f  property, 
pcdicnt  and 
lending,  se 


jCuring,  and  bringing  to  justic  -  aH  persons  committing  such  offences,  and  that  his  Majesty  should? 
be  empowered  to  regulate  the  said  trade.    And  whereas,  doubts  have  been  entertained,  whether- 
the  provisions  of  an  act  passed  in  the  forty-third  year  of  the  reign  of  his  late  Majesty  King 
-George  the  Third,  intituled  an  act  for  extending  the  jurisdiction  of  the  Courts  of  justice,  in  the 
?  provinces  of  Lower  and  Upper  Canada,  to  the  trial  and  punishment  of  persons  gudty  of  crimes* 
and  offences  wHhin  certain  parts  of  North  America,  adjoining  to  the  said  provmces,  extendedi 
to  the  territories  granted  by  charter  to  the  said  governor  and  company ;  and  it  is  expedient  that 
such  doubts  should  be  removed,  and  that  the  said  act  should  be  further  extended :"    Be  it 
therefore  enacted,  by  the  king's  most  excellent  m-ijesty,  by  and  with  the  advice  and  consent  of 
the  Lords  spiritual  and  temporal,  and  commons,  in  tnis  present  parliament  assembled,  and  by 
the  authority  of  the  same,  thai  from  and  after  the  passing  of  this  act,  it  shall  be  lawful  for  hi»- 
majesty,  his  heirs  or  successors,  to  make  grants  or  give  his  royal  license,  under  the  hand  and 
seal  of  one  of  his  majesty's  principal  Secretaries  of  State,  to  any  body  corporate,  or  company, 
or  person  or  persons,  of  or  for  the  exclusive  privilege  of  trading  with  the  Indians  in  all  such 
parts  of  North  America  as  shall  be  specified  m  any  such  grants  or  licenses  respectively,  not  be- 
ing part  of  the  lands  or  territories  heretofore  granted  to  the  said  governor  ana  company  of  ad- 
venturers of  England  trading  to  Hudson's  Bay,  and  not  being  part  of  any  of  his  majesty's 
provinces  in  North  America,  or  of  any  landp  or  territories  belonging  to  the  United  States  of 
America ;  and  all  such  grants  and  licenses  shall  be  good,  valid  and  effectual  for  the  )>urpo8e  of 
securing  to  all  such  bodies  corporate,  or  companies,  or  persons,  the  sole  and  exclusive  privilege- 
of  trading  with  the  Indians  in  all  such  parts  of  North  America,  (except  as  hereinafter  ex- 
cepted,) as  shall  be  specified  in  such  grants  or  licenses ;  anything  contained  in  any  act  or  acts 
of  parliament,  or  any  law  to  the  contrary  notwithstanding. 

If.  Provided  always,  and  be  it  further  enacted.  That  no  such  grant  or  license,  made  or  given 
by  his  Majesty,  his  neirs  or  succ«ssors,  of  any  such  exclusive  privileges  of  trading  with  the 
Indians  in  ducn  narts  of  North  America  as  aforesaid,  shall  be  made  or" given  for  any  longer  pe- 
riod thun  twenty-one  years  ;  and  no  rent  sliall  be  required  or  demanded  for  or  in  respect  of  any 
such  grant  or  license,  or  nny  privileges  given  thereby  under  the  provisions  of  this  act,  for  the 
first  period  of  twenty-one  years  ;  and  from  and  after  the  expiration  of  such  first  period  of 
twenty-one  years,  it  shall  be  lawful  for  his  Majesty,  his  heirs,  or  successors,  to  reserve  such 
rents  in  any  future  giants  or  licenses  to  be  made  to  the  same  or  any  other  parties,  as  shall  be 
deemed  just  and  reiisonable,  with  security  for  the  payment  thereof ;  and  such  rents  shall  be- 
deemed  part  of  the  land  levenues  of  his  Majesty,  his  heirs,  and  successors,  and  b»;  applied  and 
accounted  for  as  the  other  land  revenues  of  his  Majesty,  his  heirs,  or  succeasoiv ,  shall  at  the 
time  of  payment  of  any  such  rent  being  made,  be  applied  and  accounted  for. 

III.  And  be  it  further  enacted.  That  from  and  after  the  passing  of  this  act,  the  Governor  and 
Company  of  Adventurers  trading  to  Hudson's  Bay,  and  every  body  corporate  and  company, 
and  person,  to  whom  every  such  graiU  or  license  shall  be  made  or  given,  as  aforesaid,  shall  re- 
spectively keep  accurate  registers  of  all  persons  in  their  employ  in  any  parts  of  North  America, 
and  shall,  once  in  each  year,  return  to  his  Mrijesty's  Secretaries  of  State  accurate  duplicates  of 
such  registers,  and  shall  also  enter  into  such  security  as  shall  be  required  by  his  Majesty  for 
the  due  execution  of  all  processes,  criminal  and  civil,  us  well  within  the  territories  included  in 
any  such  grant,  as  within  those  granted  by  charter  to  the  Governor  and  Company  of  Adven- 
turers tinding  to  Hudson's  Bay,  and  for  the  producing  or  delivering  into  safe  custoay,  for  pur- 
pose of  trial,  of  all  persons  in  their  employ  or  acting  under  their  authority,  who  shall  be- 
charged  with  any  criminal  offence,  and  also  for  the  due  and  faithful  observiuice  of  all  such  rules,, 
regulations  and  stipulations  sm  shall  be  contained  in  any  such  grant  or  license,  either  for  di- 
minishing or  preventing  the  sale  or  distribution  of  spirituous  liquors  to  the  Indians,  or  for  pro- 
motii  g  their  moral  and  religious  improvement,  or  for  any  other  object  which  his  Majesty  may- 
deem  necessary  for  the  remedy  or  prevention  of  the  other  evils  which  have  hitherto  been  founat 
to  exist. 

IV.  And  whereas,  by  a  convention  entered  into  between  his  Majesty  and  the  United  States ^ 
of  America,  it  was  stipulated  and  agreed,  that  any  country  on  the  northwest  coast  of  America, 
to  the  westward  of  'he  Stony  Mountains,  should  be  free  and  open  to  the  citizens  and  subjects  of" 
the  two  powers,  for  the  term  of  ten  years  from  the  dale  of  the  signature  of  that  con-  .ntion,  be  it! 
therefore  enacted,  that  nothing  in  this  act  contained  shall  be  deemed  or  construed  to  authorize 
any  body  corporate,  comjmny,  or  person,  to  whom  his  Majesty  may  have,  under  the  provisions 
of  this  act,  made  a  grant  or  given  a  license  of  exclusive  trade  with  the  Indians  in  such  parts  of 
North  America,  as  aforesaid,  to  claim  or  exercise  any  such  exclusive  trade  within  the  limits 
t!pecificd  ill  the  said  article,  to  the  prejudice  or  exclusion  of  any  citizens  of  the  said  United 
States  of  America,  who  may  be  engaged  in  the  said  trade :  Provided  always,  that  no  British 
subject  shall  trade  with  the  Indians  within  such  limits  without  such  grant  or  license  as  is  by 
this  act  required . 

V.  And  be  it  declared  and  enacted,  thot  the  said  act  passed  in  the  forty-third  year  of  the  reign 
of  his  late  Majesty,  intituled  an  act  for  extending  t'te  jurisdiction  of  the  courts  of  justices  in  the 
provinces  of  Lower  and  Upper  Canada,  to  the  trifii  and  punishment  of  persons  guilty  of  crimes 
and  offences  within  certain  parts  of  North  America  adjoining  to  the  said  provinces,  and  all  the 
clauses  and  provisos  therein  contained,  shall  be  deemed  and  construed,  and  it  is  and  are  hereby 
respectively  declared,  to  extend  to  and  over,  and  to  bo  in  full  force  in  and  through  all  the  territo- 


14 


Ties  heretofore  granted  to  the  company  of  adventurers  of  England  trading  to  Hudson ^s  Bay ; 
■anything  in  any  act  or  acts  ofParUament,  or  tliis  act,  or  in  uny  grant  or  charter  to  the  company, 
to  the  contrary  notwithstanding. 

VI.  And  be  it  further  enacted,  tliat  from  and  after  the  passing  of  this  act,  the  courts  of  judl- 
•cature  now  existing,  or  wlticli  may  be  hereafter  established  in  the  province  of  Upper  Canada, 
shall  have  the  same  civil  jurisdiction,  power,  and  authority,  as  well  in  the  cognizance  of  suits, 
as  in  the  issuing  process,  mesne  and  final,  and  in  all  other  respects  whatsoever,  within  the  said 
Indian  territories,  and  other  parts  of  America  not  within  the  limits  of  either  of  the  provinces  of 
Lower  or  Upper  Canada,  or  of  any  civil  government  of  the  United  States,  as  the  said  courts 
have  or  are  uivestcd  with,  within  the  limits  of  the  said  provinces  of  Lower  or  Upper  Canada, 
respectively;  and  that  all  and  every  contract,  agreement,  debt,  liability,  and  demand,  what- 
iioever,  made,  entered  into,  incurred,  or  arising  within  the  said  Indian  territories  and  other 
parts  of  America;  and  all  and  every  wrong  and  injury  to  the  person  or  to  property,  real  or 
personal,  committed  or  done  within  the  same,  shull  be  and  be  deemed  to  be  of  the  same 
nature,  and  be  cognizable  by  the  same  courts,  magistrates,  or  justices  of  the  peace,  and  he. 
tried  in  the  SKme  manner,  and  subject  to  the  same  consequences,  in  all  respects,  as  if  the  some 
had  been  made,  entered  into,  incurred,  arisen,  committed  or  done  within  the  said  province  of 
Upper  Canada;  anything  in  any  act  or  acts  of  Parliament,  or  grant  or  charier,  to  the  contrary 
notwithstanding:  Provided  always,  that  courts  have  or  invested  with  within  the  limits  of  the 
;8aid  all  such  suits  and  actions  relating  to  lands,  or  to  any  claims  in  respect  of  land, 
not  bein»  within  the  province  of  Upper  Canada,  shall  be  decided  according  to  the  laws  of  that 
part  of  the  United  Kingdom  called  England,  and  shall  not  be  subject  to  or  affected  by  any  local 
act,  statutes,  or  laws  of  the  legislature  of  Upper  Canada. 

VII.  And  be  it  further  enacted.  That  all  process,  writs,  orders,  judgments,  decrees,  and  acts, 
-whatsoever,  to  be  issued,  made,  delivered,  given,  and  done,  by  or  under  the  authority  of  the 
said  courts,  or  either  of  them,  shall  have  the  same  force,  authority,  and  effect  within  the  said 
Indian  territory,  and  other  parts  of  America,  as  aforesaid,  as  the  same  now  have  within  the 
45aid  province  of  Upper  Canada. 

VIII.  And  be  it  further  enacted.  That  it  shall  be  lawful  for  the  Governor,  or  Lieutenant 
■Governor,  or  person  administering  the  government  for  the  time  being,  of  Lower  Tanada,  by 
commission  under  his  hand  and  seal,  to  authorize  all  persons  who  shall  be  appointed  justices  o( 
the  peace  under  the  provisions  of  this  act,  within  the  said  Indian  territories,  or  other  [tarts  of 
America,  as  aforesaid,  or  any  other  person  who  shall  be  specially  named  ui  any  such  commis- 
sion, to  act  as  a  commissioner  witiiin  the  same,  for  the  purpose  of  executing,  enforcing,  and 
carrying  into  effect,  all  such  process,  writs,  orders,  judgments,  decrees,  and  acts,  which  shall  be 
issued,  made,  delivered,  given,  or  done  by  the  said  courts  of  judicature,  and  which  may  require 
to  be  enforced  and  executed  within  the  said  Indian  territories ;  or  such  other  parts  of  North 
America  as  aforesaid ;  and  in  case  any  person  or  persons,  whatsoever,  residing  or  being  within 
the  said  Indian  territories,  or  such  other  parts  of  America  as  aforesaid,  shall  refuse  to  obey  or 
perform  any  such  process,  writ,  order,  judgment,  decree,  or  act  of  the  snid  court,  or  shall  resist 
or  oppose  the  execution  thereof,  it  shall  ana  may  be  lawful  for  the  said  justices  of  the  peace  or 
commissioners,  and  they  or  any  of  them  are,  and  is  hereby  required,  oii  the  same  being  proved 
before  him,  by  the  oath  or  affidavit  of  one  credible  witness,  to  commit  the  said  person  or  per- 
sons so  offending  as  aforesaid,  to  custody,  in  order  to  his  or  their  being  conveyed  to  Upper 
Canada ;  and  that  it  shall  be  lawful  for  any  such  justice  of  the  peace  or  commissioner,  or  any 
person  or  persons  acting  under  his  authority,  to  convey  or  cause  to  be  conveyed,  such  person  or 
persons  so  oflcnding  as  aforesaid  to  Upper  Canada,  in  pursuance  of  such  process,  writ,  order, 
•decree,  judgment,  or  act ;  and  such  person  and  persons  shall  be  committed  to  gaol  by  the  said 
court,  on  his,  her,  or  their  being  so  brought  into  the  said  province  of  Upper  Canada,  by  which 
such  process,  writ,  order,  decree,  judgment,  or  act  was  issued,  made,  delivered,  given,  or  done, 
until  a  final  judgment  or  decree  shall  have  been  pronounced  in  such  suit,  and  shall  have  been 
duly  performed;  ant:  all  costs  paid,  in  case  such  person  or  persons  shall  be  a  party  or  parties  i"- 
jiuch  suit,  or  until  the  trial  of  such  suit  shall  have  been  concluded,  in  case  such  [)erson  or  fiersond 
shall  be  a  witness  or  witnesses  therein:  Provided  always,  that  if  any  person  or  persons  so  n^^- 
prehended  as  aforesaid,  shall  enter  into  a  bond  recognizance  to  any  such  justice  of  the  peace  or 
•commissioner,  with  two  sufficient  sureties,  to  the  satisfaction  of  such  justice  of  the  peaco  or 
commissioner,  or  the  said  courts,  commissioned  to  obey  and  f  erform  such  process,  writ,  order, 
judgment,  decree,  or  act,  as  aforesaid,  then  and  in  such  ctise  it  shall  and  may  lie  lawful  for  the 
said  justice  of  the  peace  or  commissioner,  or  the  said  courts,  to  discharge  such  person  or  per- 
sons out  of  custody. 

IX.  And  be  it  further  enacted.  That  in  case  such  person  or  persons  shall  not  perform  and  fulfil 
ihe  condition  or  conditions  of  such  recognizance,  tlien  and  in  such  case  it  shall  and  may  be  law- 
ful for  any  such  justice  or  commissioner,  and  he  is  hereby  required  to  assign  such  recognizance 
to  the  plaintiff  or  plaintiffi  in  any  suit  in  which  such  process,  writ,  order,  decree,  judgment,  or 
act,  shall  have  been  issued,  made,  delivered,  given,  or  done,  who  may  maintain  an  action  in  the 
said  courts  in  his  own  name  against  the  said  sureties,  and  recover  against  such  sureties  the  full 
Amount  of  such  loss  or  damage  as  such  plaintiff  shall  prove  to  have  been  sustained  by  him,  by 
reason  of  the  original  cause  of  action  in  respect  of  which  such  process,  writ,  order,  decree, 
judgment,  or  acts  of  the  said  courts,  were  issued,  made,  deliverea,  given,  or  done  as  aforesaid, 


frer,  as 


IS 


Hudson's  Bay ; 
the  company, 

iourta  of  judi> 
Tpper  Canada, 
uince  or  suits, 
within  the  said 

provinces  of 
le  said  courts 
Tpper  Canada, 
emaiid,  what- 
"es  and  other 
perty,  real  or 

of  the  same 
)cace,  and  he. 

if  the  same 

province  of 
the  contrary 
limits  of  the 
pect  of  land, 
laws  of  that 
by  any  local 

•ees,  and  acts, 
.hority  of  the 
ithin  the  said 
ve  within  the 

»r  Lieutenant 
ir  Tanada,  by 
«d  justices  of 
ithe'r  jtarls  of 
mch  commis- 
nforcuig,  and 
k'hich  shall  be 
»  may  require 
krts  of  North 
being  within 
se  to  obey  or 
or  shall  resist 
the  peace  or 
being  proved 
erson  or  per- 
iled to  Upper 
ioner,  or  any 
jch  person  or 
1,  writ,  order, 
1  by  the  said 
ia,  by  which 
'en,  or  done, 
ill  have  been 
or  parties  i*- 
in  or  ftersonii 
arsons  so  n^  - 
the  peace  or 
■he  peacn  or 
writ,  order, 
wful  for  the 
rson  or  per- 

rm  and  fulfil 
nay  be  law- 
ecognizance 
Lidgment,  or 
iction  in  the 
■ties  the  full 
by  him,  by 
ler,  decree, 
s  aforesaid, 


twithfltanding  any  thing  contained  in  any  charter  granted  to  the  said  Governor  and  Company 
if  Adventurers  of  England  trading  to  Hudson's  bay. 
X.  And  be  it  further  enacted.  That  it  shall  be  law  Ail  for  his  Majesty,  if  he  shall  deem  it  con- 
enient  so  to  do,  to  issue  a  commission  or  commissions  to  any  person  or  persona  to  be  and  act 
.  8  justices  of  the  peace  within  such  parts  of  America  as  aforesaid,  as  well  within  any  territories 
fkerotofore  granted  to  the  Company  of  Adventurers  of  England  trading  to  Hudson's  Bay,  as 
"*^  ithin  the  Indian  territories  of  such  other  parts  of  America  as  aforesaid;  and  it  shall  be  lawful 
r  the  court  in  the  province  of  Upper  Canada,  in  any  case  in  which  it  shall  appear  expedient  to 
lave  any  evidence  taken  by  commission,  or  any  facta  or  issue,  or  any  cause  or  suit  ascertained, 
:o  issue  a  commissio.n  to  any  three  or  more  of  such  justices  to  take  such  evidence,  and  return 
lie  same,  or  try  such  issue,  and  for  that  purpose  lo  hofd  courts,  and  to  issue  subpcenas  or  other  pn^ 
lesacs  to  compel  attendance  of  plaintiffs,  defendant,  jurors,  witnesses,  and  all  other  persons  re- 
]uisite  and  essential  to  the  execution  of  the  several  purposes  for  which  such  commission  or  coRi- 
lissions  had  issued,  and  with  the  like  power  and  authority  as  are  vested  in  the  courts  of  the 
aid  province  of  Upper  Canada,  nnd  any  order,  verdict,  judgment,  or  decree,  that  shall  be  made, 
bund,  declared  or  published  by  or  before  any  court  or  courts  held  under  and  by  virtue  of  such 
^ommis3ion  or  commissions,  snail  be  considered  to  be  of  as  full  effect,  and  enforced  in  like  man- 
ner, as  if  the  same  had  been  mode,  found,  declared  or  published  within  the  jurisdiction  of  the 
fcourt  of  the  said  Province;  and  at  the  time  of  issuing  such  commission  or  commissions  shall  be 
|<leclared  the  place  or  places  where  such  commission  m  to  be  opened,  and  the  courts  and  procecu- 
|fings  thereunder  held ;  and  it  shall  be  at  the  same  time  provided  how  and  by  what  means  the  ex- 
ipenses  of  such  commission,  and  the  execution  thereof,  shall  be  raised  and  provided  for. 
I  XI.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  his  Majesty,  notwithstanding  any 
athing  contained  in  this  act,  or  in  any  charter  granted  to  the  said  Governor  and  Company  of  Ad- 
'f  venturers  of  England  trading  to  Hudson's  Bay,  from  time  to  time,  by  any  commission  under 
|the  great  seal,  to  authorize  and  empower  any  such  persons  so  appointed  justices  of  the  peace  as 
*  aforesaid,  to  sit  and  hold  courts  of  record  for  the  trial  of  criminal  offences  and  misdemeanors, 
-  «nd  also  of  civil  causes;  and  it  shall  be  lawful  for  his  Majesty  to  order,  direct  and  authorize  the 
jappointment  of  proper  officers  to  act  in  aid  of  such  courts  and  justices  within  the  jurisdiction 
I  assigned  to  such  courts  and  justices,  in  any  such  commission ;  any  thing  in  this  act,  or  in  any 
I  ■charter  of  ihe  Governor  and  Company  of  Merchant  Adventurers  of  England  trading  to  Hua- 
I  son's  Boy,  to  the  contrary  notwithstanding. 

I  XII.  Provided,  always,  and  be  it  further  enacted.  That  such  courts  shall  be  constituted,  as  to 
I  the  number  of  justices  to  preside  therein,  and  as  to  such  places  within  the  said  territories  of  the 
|!said  Company,  or  any  Indian  territories,  or  other  parts  of  North  America  as  aforesaid,  and  the 
<  times  and  manner  of  holdinp;  the  same,  ns  his  Majesty  shall  from  time  to  time  order  and  direct; 
,1  but  shall  not  try  any  offender  upon  any  charge  or  indictment  for  any  felony  made  the  subject  of 
^capital  punishment,  or  for  any  offence,  or  passing  sentence  affecting  the  life  of  any  offender,  or 
ladjudge  or  cause  any  offender  to  suffer  capital  punishment  or  transportation,  or  take  cognizance 
lof  or  try  any  civil  action  or  suit,  in  which  the  cause  of  such  suit  or  action  shall  exceed  in  value 
I'the  amount  or  sum  of  two  hundred  pounds ;  and  in  every  case  of  any  offence  subjecting  the 
I  person  committing  the  same  to  capital  punishment  or  transportation,  the  court,  or  any  judge  of 
J  any  such  court,  or  any  justice  or  justices  of  the  peace,  before  whom  any  such  offen'^^r  shall  be 
brought,  shall  commit  such  offender  to  safe  custody,  and  cause  such  offender  to  be  nt  in  such 
custody  for  trial  in  the  court  of  the  province  of  Upper  Canada. 

XIlI.  And  be  it  further  enacted.  That  all  judgments  given  in  any  civil  suit  shall  be  subject  to 

I  appeal  to  his  Majesty  in  Council,  in  like  manner  as  in  other  cases  m  his  Majesty's  province  of 

I  Upper  Canada,  and  also  in  any  case  in  which  the  right  or  title  to  any  land  shall  be  in  question. 

I      Xl  V.  And  be  it  further  enacted.  That  nothing  in  this  act  contained  shall  be  taken  or  construed 

^  to  effect  any  right,  privilege,  authority  or  jurisdiction  which  the  Governor  and  Company  of 

'Adventurers  trading  to  Hudson's  Bay  nre  by  law  entitled  to  claim  and  exercise  under  their 

{"charter;  but  that  all  such  rights,  privileges,  authorities  and  jurisdictions  shall  remain  in  as  full 

?force,  virtue,  and  eflect,  as  if  this  act  had  never  been  made,  any  thing  in  this  act  to  the  contrary 

notwithstanding. 


I 


'CAP.  CXXXVIII.— An  Act  for  extending  the  Jurisdiction  of  the  Courts  of  Justice  in  the 
Provinces  of  Lower  and  Upper  Canada,  to  the  Trial  and  Punishment  of  Persons  guilty  of 
Crimes  and  Offences  within  certain  Parts  of  Xorth  Amc  '.ca,  adjoining  to  the  said  Provinces. 

[Ulh  jJti^wt,  1803.] 
^Whereas  Crimes  and  Offences  have  lieen  committed  in  the  Indian  Territories  and  other  Parts 
of  wJjneWca,  not  within  the  Limits  of  the  Provinces  of  Lmctr  or  Vmtr  Canada,  or  either  of  them, 
■or  of  the  Jurisdiction  of  any  of  the  Courts  established  in  those  Provinces,  or  within  the  Limits 
•of  any  Civil  Government  of  the  United  States  of  Jlnverim,  and  are  therefore  not  cognizable  by 
iany  Jurisdiction  whatever,  and  by  reason  thereof  grcrt  Crimes  and  Offences  have  gone  and  may 
hereafter  go  unpunished,  and  greatly  increase;"  For  Remedy  whereof  may  it  please  Your 
Majesty  that  it  may  be  enacted,  and  be  it  enacted  by  the  King's  most  Excellent  Majesty,  by 
«nd  with  the  Advice  and  Consent  of  the  Lords  Spiritual  and  Temporal,  ond  Commons,  in  this 
present  Parliament  assembled,  and  by  the  Authority  of  the  same.  That  from  and  after  the  pas- 
,  .sing  of  this  Act,  all  Offences  committed  within  any  of  the  Indian  Territories,  or  Parts  of  .4»«erica 


t0 


not  within  the  Limits  of  either  of  the  aaid  ProTincea  oflMoer  or  Ufptr  Cmuidm,  or  of  any  Civil 
GoTerninent  of  the  United  States  of  Ameriem,  shall  be  and  be  deemed  tc  be  Offences  of  the  same 
Nature,  and  shall  be  tried  in  the  same  Manner  and  subject  to  the  same  Punishment,  as  if  tlie 
same  had  been  comihitted  within  tlie  Provinces  of  Lower  or  U^per  C  ^ada. 

II.  And  be  it  further  enacted.  That  it  shall  be  lawftil  for  the  Governor  or  Lieutenant  Oovejw 
nor,  or  Person  administering  the  (Government  for  the  time  being  of  the  Province  of  Lower  Can- 
ada, by  Commission  under  his  Hand  and  Seal,  to  authorize  and  empower  any  Person  or  Per* 
sons,  wheresoever  resident  or  being  at  tlie  Time,  to  act  as  Civil  Magistrates  and  Justices  of  the 
Peace  for  any  of  the  ItuHan  Territories  or  Pftrts  of  .Snurictt  not  within  the  Limits  of  either  of 
the  said  Provinces,  or  of  any  Civil  Government  of  the  United  States  of  America,  as  well  aa 
within  the  Limits  of  either  of  the  said  Provinces,  either  upon  Informations  taken  or  given  with- 
in the  said  Provinces  of  Lower  or  Upper  Canada,  or  out  of  the  said  Provinces  in  any  Part  of  the 
Indian  Territories  or  Parts  of  America  aforesaid,  for  the  Purpose  only  of  hearing  Crimes  and 
Offences,  and  committing  any  Person  or  Persons  guilty  of  any  Crime  or  Offence  to  safe  Cus- 
tody, in  order  to  his  or  their  being  conveyed  to  the  said  Province  of  Lower  Canada,  to  be  dealt 
with  according  to  Law;  and  it  shall  be  lawful  for  any  Person  or  Persons  whatever  to  apprehend 
and  take  before  any  Persons  so  commissioned  as  aforesaid,  or  to  apprehend  and  convey,  or 
cause  to  be  safely  conveyed  witli  all  convenient  Speed  to  the  Province  of  Lower  Canada,  any 
Person  or  Persons  guilty  of  any  Crime  or  Offence,  there  to  be  delivered  into  safe  Cuatody  for 
the  Purpose  of  being  dealt  with  according  to  Law. 

III.  And  be  it  further  enacted,  That  every  such  Offender  may  and  shall  be  prosecuted  and 
tried  in  the  Courts  of  the  Province  of  Loicer  Canada  (or  if  the  Governor  or  Lieutenant  Gov- 
ernor, or  Pet  son  administering  the  G)vernment  for  the  time  being,  shall,  from  any  of  the  Cir- 
cumstances of  th  Crime  or  Offence,  or  the  local  Situation  of  any  of  the  Witnesses  for  the  Prose-  J 
cu'.ion  or  Defence,  tliink  that  Justice  may  more  conveniently  be  administered  in  relation  to  sucli 
Crime  or  Offence  in  tl^Q  Province  of  Upper  Canada,  and  shall  by  any  Instrument  under  the  Great 
Seal  of  the  Province  of  iMoer  Canada,  declare  the  same,  then  mat  eveiy  such  Offender  may  and 
shall  be  prosecuted  and  tried  in  tlie  Court  of  the  Province  of  Upper  Canada),  in  which  Crimes 
or  Offences  of  the  like  Nature  are  usually  tried,  and  where  the  same  would  have  been  tried  if 
such  Crime  or  Offence  had  been  committed  within  the  Limits  of  the  Province  where  the  stmie 
shall  be  tried  under  this  Act;  and  every  Offender,  tried  and  convicted  under  this  Act,  shall  be 
liable  and  subject  to  sucii  Punishment  as  may  by  any  Law  in  Force  in  the  Province  where  he 
or  she  shall  be  tried  be  inflicted  for  such  Crime  or  Offence ;  and  such  Crime  or  Offence  may  and 
shall  be  laid  and  charged  to  have  been  committed  within  the  Jurisdiction  of  such  Court,  and 
such  Court  may  and  shall  proceed  therein  to  Trial,  Judgment  and  Execution,  or  other  Punish- 
ment  for  such  Crime  or  Offence,  in  the  same  manner  in  every  respect  as  if  sr.ci  Crime  or  Offence  ^| 
had  been  really  committed  within  the  Jurisdiction  of  such  Court;  and  it  shall  also  be  lawful  for 
the  Judges  and  other  Officers  of  tlie  said  Courts  to  issue  Subpcenos  and  other  Processes  for  en- 
forcing the  Attendance  of  Witnesses  on  any  such  trial ;  and  such  Subpoenas  and  other  Processes 
shall  be  as  valid  and  effectual,  and  be  in  full  Force  and  put  in  Execution  in  any  Parts  of  the  In- 
dian Territories,  or  other  Parts  of  Anurica  out  of  and  not  within  the  Limits  of  the  Civil  Govern- 
ment of  the  United  Slates  of  America,  as  well  as  within  the  Limits  of  either  of  the  said  Pro- 
vinces of  Loioer  or  Upper  Canada,  in  relation  to  the  Trial  of  any  Critnes  or  Offences  by  this  Act 
made  cognizable  in  such  Court,  or  to  the  more  speedily  and  effectually  bringing  any  Offender  or 
Offenders  to  Justice  under  tliis  Act,  as  fully  and  amply  as  any  Subpccnas  or  other  Processes  are, 
within  the  Limits  of  the  Jurisdiction  of  the  Court  from  which  any  such  Subpoenas  or  Processes 
sheJl  issue  as  aforesaid;  any  Act  or  Acts,  Law  or  Laws,  Custom,  Usage,  Matter  or  Thing  to 
the  contrary  notwithstanding.  f 

ly.  Provided  always,  and  be  it  further  enacted.  That  if  any  Crime  or  Offence  charged  and 
prosecuted  under  tliis  Act,  shall  be  proved  to  have  been  committed  by  any  Person  or  Persons 
not  being  a  Subject  or  Subjects  of  His  Majesty,  and  also  witltin  the  Limits  of  any  Colony,  Set- 
tlement or  Territory  belonging  to  any  European  State,  the  Court  before  which  such  Prosecution 
shall  be  had  shall  forthwith  acquit  such  Person  or  Persons  not  being  such  Subject  or  Subjects  as 
aforeseud  of  such  Cheu^. 

y.  Provided  nevertheless,  Tliat  it  shall  and  may  be  lawful  for  such  Court  to  proceed  in  the 
Trial  of  any  other  Person,  being  a  Subject  or  SuDJects  of  His  Majesty,  who  shall  be  charged 
with  the  same  or  any  other  Offence,  notwithstanding  such  Offence  shall  appear  to  have  been 
committed  within  tlie  Limits  of  any  Colony,  SettHment  or  Territory  belongmg  to  any  European 
State  as  aforesaid.     [Extended  to  the  Hudson^s  Bay  Company,  see  1  &  3  G.  4,  c.  66.] 


>r  of  any  Civil! 
ea  of  the  same  1 
(lent,  aa  if  the! 

itenant  Govep* 
jf  Lotcer  Con- 
Person  or  Per- 
JuBticcs  of  the 
its  of  either  q( 
•tea,  as  well  as 
or  riven  with- 
iny  Part  of  the 
ng  Crimes  and 
ce  to  safe  Cus- 
adtty  to  be  dealt 
r  to  apprehend 
ind  convey,  or 
er  Canada,  any 
ifc  Custody  for 

irosecuted  and 
ieutenant  Gov- 
uiy  of  the  Cir-  ' 
s  for  the  Prose- 
relution  to  sucli 
ander  the  Great 
'ender  may  and 
I  which  Crimes 
ive  been  tried  if 
where  the  same 
is  Act,  shall  be 
tvince  where  he 
iffence  may  and 
iich  Court,  and 
r  other  Punish- 
Irime  or  Offence 
80  be  lawful  for 
'rocesses  for  en- 
other  Processes  j^ 
Parts  of  tlie  In- 
le  Civil  Govern- 
»f  the  said  Pro- 
ices  by  this  Act 
any  Offender  or 
r  Processes  are,  ; 
las  or  Processes 
ter  or  Thing  to 
t 

ice  charged  and 
rson  or  Persons 
ny  Colony,  Set- 
uch  Prosecution 
:t  or  Subjects  as 

3  proceed  in  the 
shall  be  charged 
%r  to  have  been 
to  any  Exwopean 
5] 


